Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860, Ss. 302/324/148/149--Pre-arrest bail--Confirmation of--Allegation of--Armed with deadly weapons--Unlawful assembly--Common objection--Further inquiry--Case of two versions--Petitioner was one of assailants and was armed with a pistol but during investigation police found that he was empty handed and did not commit any overt act--Question as to whether lie is vicariously liable for acts of his co-accused can be determined only after recording of evidence--More importantly, this is a case of two versions--Admittedly, two persons lost their lives from petitioner's side while one was killed from complainant's side--Petitioner has placed on record his MLC which, shows that he was also injured in occurrence--Cross-version alleging that complainant party of FIR was aggressor--In circumstances, further inquiry is required to determine guilt of petitioner--Possibility of false implication cannot be ruled out. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE---.---- Through this application the Petitioner seeks pre-arrest bail in case FIR No. 125/2018 dated 3.5.2018 registered at Police Station Sahoka, District Vehari, for offences under Sections 302/324/148/149, PPC. 2. As per FIR, the prosecution case is that on 3-5-2018 at about 12:00/01:00 p.m. the Petitioner and his co-accused while armed with deadly weapons formed an unlawful assembly and in prosecution of its common object attacked the complainant party. As a result, Complainant's father Mukhtar Shah son of Rasheed Shah was killed and his step-mother Sidra Bibi was injured. 3. I have heard the learned…

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